Murder is the intentional, premeditated killing of another human being. The premeditation requirement for murder was historically described in the law as “malice aforethought.”

Laws regarding murder vary from state to state, and some states have a separate criminal offense of capital murder, which usually involves the most egregious circumstances, such as killing a peace officer in the line of duty or lying in wait to ambush and kill the victim. Capital murder offenses carry a potential death penalty.

And some states use the distinction of first degree murder (done with premeditation and punishable by death or life in prison) and second degree murder (generally an intentional killing without premeditation—also known as manslaughter or voluntary manslaughter in some states).

The criminal offense of murder is generally located in a state’s statutes—often in the penal or criminal code.

In Kansas, murder is defined under the Kansas Statutes Annotated (K.S.A.) and is categorized into degrees. First-degree murder, as per K.S.A. 21-5402, is the intentional and premeditated killing of another person. Premeditation is a key element that distinguishes first-degree murder from other types of homicide. Second-degree murder, detailed in K.S.A. 21-5403, is an intentional killing that was not premeditated. Kansas does not use the term 'manslaughter' to describe second-degree murder; instead, manslaughter is a separate offense that involves a killing without intent, such as in the heat of passion or a reckless act that results in death. Capital murder, which is outlined in K.S.A. 21-5401, includes specific circumstances such as killing a law enforcement officer or committing murder for hire. Capital murder can be punishable by the death penalty or life imprisonment without the possibility of parole. The distinctions between these degrees of murder are crucial as they determine the severity of the punishment and the applicable legal procedures.